627
THE COURTS
Title 210—APPELLATE I. The note to Rule 237.3 is amended to read as
attached hereto.
PROCEDURE II. The Explanatory Comment—1994 is amended to
read as attached hereto.
[210 PA. CODE CH. 25]
III. The Explanatory Comment—2001 is added to read
Amendment of Pa.R.A.P. 2541; No. 126 Appellate as attached hereto.
Procedural Rules Doc. No. 1
Whereas prior distribution and publication of the
amendments would otherwise be required, it has been
Order determined that immediate promulgation of the amend-
Per Curiam: ments is required in the interest of justice and efficient
administration.
And Now, this 22nd day of January, 2001 upon the
recommendation of the Appellate Court Procedural Rules This order shall be processed in accordance with
Committee, this recommendation having been submitted Pa.R.J.A. 103(b) and shall be effective July 1, 2001.
without publication in the interest of justice pursuant to
Pa.R.J.A. 103(a)(3): Annex A
It Is Ordered pursuant to Article V, Section 10 of the TITLE 231. RULES OF CIVIL PROCEDURE
Constitution of Pennsylvania that the proposed amend-
ment to Pa.R.A.P. 2541 is adopted in the following form. PART I. GENERAL
This Order shall be processed in accordance with CHAPTER 200. BUSINESS OF COURTS
Pa.R.J.A. 103(b), and shall be effective July 1, 2001. § 237.3. Relief from Judgment of Non Pros or by
Annex A Default.
TITLE 210. APPELLATE PROCEDURE * * * * *
PART I. RULES OF APPELLATE PROCEDURE Official Note: A defendant who seeks to file a
ARTICLE II. APPELLATE PROCEDURE pleading other than an answer is not entitled to the
benefit of this rule but must comply with the
CHAPTER 25. POST-SUBMISSION PROCEEDINGS
requirements of Schultz v. Erie Insurance Ex-
APPLICATION FOR REARGUMENT change, supra. See Rules 206.1 through 206.7 gov-
Rule 2541. Form of Papers; Number of Copies. erning petition practice.
All papers relating to applications for reargument shall Explanatory Comment—1994
be prepared in the manner prescribed by Rule 2171 Rule 237.3. Relief from Judgment of Non Pros or by
(method of reproduction) through Rule 2174 (table of Default
contents and citations). An original and eight copies of
each application for reargument shall be filed with the Rule 237.3 governs relief from a judgment by default or
Supreme Court. An original and 23 copies of each applica- of non pros. Subdivision (a) requires that a verified copy
tion for reargument shall be filed with the Superior Court of the complaint or answer sought to be filed be attached
[ along with one copy of each brief previously filed to the petition for relief from the judgment. This enables
with Superior Court ]. An original and 11 copies of the court to determine from the actual [ pleading ]
each application for reargument shall be filed with Com- complaint or answer to be filed whether it alleges a
monwealth Court. meritorious cause of action or defense.
* * * * * Subdivision (b) eases the burden of a party against
[Pa.B. Doc. No. 01-163. Filed for public inspection February 2, 2001, 9:00 a.m.] whom judgment has been entered and who moves
promptly for relief from that judgment. If the petitioner
files a petition for relief from the judgment within ten
days after entry of the judgment on the docket, the rule
requires the court to open the judgment if the proposed
Title 231—RULES OF [ pleading ] complaint or answer states a meritorious
CIVIL PROCEDURE cause of action or defense. The rule provides a date
certain from which to measure the ten-day period and the
PART I. GENERAL language establishing the beginning of that period is
derived from Rule 1308 governing appeals in compulsory
[231 PA. CODE CH. 200] arbitration.
Amendment of Note to Rule 237.3 Governing Re- Case law has imposed three requirements for opening a
lief from Judgment of Non Pros or by Default; judgment by default: a petition timely filed, a reasonable
No. 349 Civil Procedural Rules Doc. No. 5 explanation or legitimate excuse for the inactivity or
delay and a showing of a meritorious defense. Rule of
Order Civil Procedure 3051 similarly states these three requi-
Per Curiam: sites for opening a judgment of non pros, substituting the
showing of a meritorious cause of action rather than a
And Now, this 19th day of January, 2001, Pennsylvania meritorious defense. Rule 237.3(b) presumes that a peti-
Rule of Civil Procedure 237.3 is amended as follows: tion filed within the required ten-day period is both
PENNSYLVANIA BULLETIN, VOL. 31, NO. 5, FEBRUARY 3, 2001
628 THE COURTS
timely and with reasonable explanation or legitimate court to open the judgment upon the defendant
excuse for the inactivity or delay. In this context, subdivi- demonstrating to the court that the filing of the
sion (b) requires that the judgment be opened if the petition was within the ten-day period and that the
petitioner attaches to the petition a verified complaint or answer attached to the petition states a meritorious
answer which states a meritorious cause of action or defense.
defense. A note to the rule cautions that the rule is not
intended to change the law relating to the opening of 5. [ Again, plaintiff has entered a valid judgment
judgments in any way or to impose a new standard of by default against the defendant. Also, the protho-
timeliness in cases outside the limited circumstances set notary has entered the judgment on the docket,
forth in the rule. Illustrations noting the date of the docket entry. However, plain-
tiff does not file a petition to open the judgment
[ The ] In illustrations 1 through 3, the defendant until more than ten days after that date. The
has failed to plead within the required time to a com- petition to open is not within the scope of Rule
plaint containing a notice to plead. 237.3(b) and the petitioner needs to demonstrate to
1. Prior to receiving a notice of intention to enter a the court, as required by case law, not only that the
default judgment, defendant seeks an agreement with the verified pleading attached to the petition states a
plaintiff for an extension of time in which to plead. The meritorious defense but also that the filing of the
parties may certainly agree to an extension of time and petition was timely and that there was a reasonable
proceed in accordance with their agreement. However, explanation or legitimate excuse for the delay or
such an agreement is really unnecessary since the plain- inactivity. ]
tiff cannot enter judgment without giving the ten-day The defendant files the petition to open the
notice required by the rule and the ten-day notice cannot judgment within ten days of the date on which the
be waived. Defendant may plead within the time up to prothonotary enters the judgment on the docket
receiving the notice plus ten days. This period of time and seeks leave to file the preliminary objections
may be more than might be provided by any agreement. attached to the petition. The defendant is not
In addition, there is no danger of a judgment being entitled to the benefit of Rule 237.3(b) because,
entered as the required notice has not been given. although the petition is timely filed, the rule does
2. Defendant has received the ten-day notice but can- not provide for preliminary objections to be at-
not file the pleading within the ten-day period. Now, as tached to the petition. A defendant who wishes to
provided by Rule 237.2, it is appropriate to seek an file preliminary objections upon the opening of a
agreement to extend the time in which to plead since the judgment must proceed pursuant to case law and
plaintiff has given the notice which is prerequisite to the meet the standards set forth in Schultz v. Erie
entry of judgment and actual entry of the judgment is Insurance Exchange, 505 Pa. 90, 477 A.2d 471 (1984),
imminent. cited in the note to the rule.
3. Defendant has received the ten-day notice and ob- 6. The defendant files a petition to open the
tained an agreement extending the time to plead. How- judgment more than ten days after the date of
ever, defendant does not plead within the agreed time. entry of the judgment on the docket. The petition
Plaintiff may enter judgment by default without further to open is not within the scope of Rule 237.3(b)
notice as provided by Rule 237.2 and the form of agree- which requires that the petition be ‘‘filed within
ment set forth in Rule 237.6. ten days after the entry of the judgment on the
docket’’. The defendant must proceed pursuant to
In illustrations 4 through 6, the plaintiff has case law and meet the standards of Schultz v. Erie
entered a valid judgment by default against the Insurance Exchange, 505 Pa. 90, 477 A.2d 471 (1984).
defendant and the prothonotary has entered the
judgment in the docket and noted the date thereof. Although these illustrations use the example of the
Thereafter, the defendant files a petition to open entry of a judgment by default and a petition to open the
the judgment. judgment, they are adaptable and thus equally applicable
to the entry of a judgment of non pros for failure to file a
4. [ Plaintiff has entered a valid judgment by complaint and a petition to open such a judgment.
default against the defendant. The prothonotary
has entered the judgment in the docket and noted Explanatory Comment—2001
the date thereof. Within ten days of that date, the The amendment to the Note clarifies the procedure
defendant files a petition to open the judgment. when a defendant, upon the opening of a default judg-
The petitioner need demonstrate to the court only ment, intends to file preliminary objections, a pleading
that the filing of the petition was within the ten- not encompassed by this rule. Contrary to the holding of
day period specified by Rule 237.3(b) and that the the Commonwealth Court in Peters Township Sanitary
verified pleading attached to the petition states a Auth. v. American Home and Land Dev. Co., 696 A.2d 899
meritorious cause of action or defense. In such (Cmwlth Ct. 1997), preliminary objections are not an
case, Rule 237.3(b) requires the court to open the appropriate attachment to a petition to open a default
judgment. ] judgment under Rule 237.3.
The defendant files the petition to open the Clarifying amendments have been made to the 1994
judgment within ten days of the date on which the Explanatory Comment.
prothonotary entered the judgment on the docket REA BOYLAN THOMAS,
and seeks leave to file the answer attached to the Chair
petition. The defendant is entitled to the benefit of [Pa.B. Doc. No. 01-164. Filed for public inspection February 2, 2001, 9:00 a.m.]
Rule 237.3(b) by timely filing the petition and
attaching an answer. Rule 237.3(b) requires the
PENNSYLVANIA BULLETIN, VOL. 31, NO. 5, FEBRUARY 3, 2001
THE COURTS 629
Promulgation of New Rule of Civil Procedure 207.1 the testimony of the expert witness, the degree of novelty
Governing Motion to Exclude Expert Testimony of the proposed evidence, the complexity of the case, the
Which Relies Upon Novel Scientific Evidence; anticipated length of trial, the potential for delay of trial,
and the feasibility of the court evaluating the expert
No. 351 Civil Procedural Rules Doc. No. 5 witness’ testimony when offered at trial.
Order When a ruling on a pre-trial motion to exclude the
testimony of an expert witness is deferred until trial, the
Per Curiam: trial judge may choose to decide the motion (1) before the
And Now, this 22nd day of January, 2001, new Pennsyl- expert witness testifies on the basis of evidence offered
vania Rule of Civil Procedure 207.1 is promulgated to outside the presence of the jury or (2) after the expert
read as attached hereto. witness testifies on the basis of testimony offered at trial,
in which event the trial judge will strike the testimony of
This order shall be processed in accordance with the expert witness if it is found to be inadmissible under
Pa.R.J.A. 103(b) and shall be effective July 1, 2001. Pa.R.E. 702 or 703. However, hearings on preliminary
Annex A matters must be conducted outside the presence of the
TITLE 231. RULES OF CIVIL PROCEDURE jury ‘‘when the interests of justice require.’’ See Pa.R.E.
104.
PART I. GENERAL
(b) A party is not required to raise the issue of the
CHAPTER 200. BUSINESS OF COURTS admissibility of testimony of an expert witness prior to
Rule 207.1. Motion to Exclude Expert Testimony trial unless the court orders the party to do so.
Which Relies Upon Novel Scientific Evidence Explanatory Comment
(a) If a party moves the court to exclude expert testi- The purpose of new Rule 207.1 is to provide the
mony which relies upon novel scientific evidence, on the procedure for pre-trial motions concerning the admissibil-
basis that it is inadmissible under Pa.R.E. 702 or 703, ity of expert testimony which relies upon novel scientific
(1) the motion shall contain: evidence.
[Pa.B. Doc. No. 01-165. Filed for public inspection February 2, 2001, 9:00 a.m.]
(i) the name and credentials of the expert witness
whose testimony is sought to be excluded,
(ii) a summary of the expected testimony of the expert
witness, specifying with particularity that portion of the
testimony of the witness which the moving party seeks to
exclude, [231 PA. CODE CH. 1500]
(iii) the basis, set forth with specificity, for excluding Rescission of Rule of Civil Procedure 1503 Gov-
the evidence, (iv) the evidence upon which the moving erning Venue in Actions in Equity and Promulga-
party relies, and tion of New Rule 1503; No. 350 Civil Procedural
(v) copies of all relevant curriculum vitae and expert Rules Doc. No. 5
reports;
(2) any other party need not respond to the motion Order
unless ordered by the court;
Per Curiam:
(3) the court shall initially review the motion to deter-
mine if, in the interest of justice, the matter should be And Now, this 19th day of January, 2001, Pennsylvania
addressed prior to trial. The court, without further pro- Rule of Civil Procedure 1503 is rescinded and new Rule
ceedings, may determine that any issue of admissibility of 1503 is promulgated to read as attached hereto.
expert testimony be deferred until trial; and This order shall be processed in accordance with
(4) the court shall require that a response be filed If it Pa.R.J.A. 103(b) and shall be effective July 1, 2001.
determines that the matter should be addressed prior to Annex A
trial.
TITLE 231. RULES OF CIVIL PROCEDURE
Official Note: This rule establishes procedures for
motions to exclude expert testimony which relies upon PART I. GENERAL
novel scientific evidence. The rule does not address the CHAPTER 1500. ACTION IN EQUIITY
requirements for the admission of expert testimony under
Pa.R.E. 702 and 703, which are governed by case law. It Subchapter A. RULES
also does not address motions under those rules on other
grounds. Rule 1503. Venue
The court has discretion in the manner in which it An action may be brought in any county in which
determines the motion. While depositions of expert wit- a civil action may be brought or, if the subject
nesses and evidentiary hearings are available to the court matter of the action is property, in the county in
for this purpose, they should be utilized in limited which the property is located.
circumstances. See the limitations set forth in Rule Official Note: See Rule 1006 governing venue in a
4003.5 governing discovery of expert testimony. civil action.
In deciding whether to address prior to trial the Explanatory Comment
admissibility of the testimony of an expert witness, the
following factors are among those which the court should Rule 1503 governing venue in an action in equity has
consider: the dispositive nature or significance of the been rescinded and new Rule 1503 has been promulgated.
issue to the case, the complexity of the issue involved in The new rule provides for an action in equity to be
PENNSYLVANIA BULLETIN, VOL. 31, NO. 5, FEBRUARY 3, 2001
630 THE COURTS
brought in any county in which a civil action may be For a term of two years, commencing February 1, 2001
brought or, if property is involved, in the county in which
the property is located. Francis Barry McCarthy, Jr., Esquire
Allegheny County
By its simplicity, the new rule contains several changes
from the former rule: The Honorable Carol K. McGinley
Lehigh County
First, former Rule 1503(a)(1) required the action to be
brought in a county in which the defendant or a principal The Honorable Patrick R. Tamilia
defendant may be served. The new rule broadens this Allegheny County
provision to include all counties of venue under Rule
1006, including the cause of action county and the For a term of three years, commencing February 1, 2001
transaction or occurrence county. Also, the reference to a The Honorable Bruce L. Castor, Jr.
‘‘principal defendant’’ has been deleted. If venue is based Montgomery County
upon the presence of a defendant in the forum county, the
presence of any defendant is sufficient to create venue as Jason P. Kutulakis, Esquire
to all defendants. The doctrine of forum non conveniens is Cumberland County
available for venue which may be inappropriate.
The Honorable Abram Frank Reynolds
Second, former Rule 1503(a) contained a clause relating Philadelphia
to the effect of a judgment or decree as personally
binding. This language has been deleted as it did not Francis Barry McCarthy, Jr., Esquire, is hereby desig-
pertain to venue and, in addition, stated an outmoded nated as Chair and The Honorable Carol K. McGinley as
principle of law. Vice-Chair of the Committee.
[Pa.B. Doc. No. 01-167. Filed for public inspection February 2, 2001, 9:00 a.m.]
Third, former Rule 1503(b) and (c) relating to venue in
actions by or against the Commonwealth, its agencies,
instrumentalities and officers have not been retained.
Venue in actions against the Commonwealth in the courts
of common pleas is governed by Rule 2103(a) which
provides for an action to be brought in ‘‘any county Establishment of the Juvenile Court Procedural
permitted by a rule of the Supreme Court.’’ Rules Committee; No. 264 Supreme Court Rules
Finally, former Rule 1503(d) relating to the administra- Doc. No. 1
tion of a trust or the removal of a trustee has not been
carried over to the new rule because as stated it was not Order
a matter of venue but, rather, one of jurisdiction. Further,
matters relating to trusts are within the jurisdiction of Per Curiam:
the orphans’ court division of the court of common pleas, And Now, this 22nd day of January, 2001, pursuant to
which is governed by its own rules of procedure. However, Article V, Section 10(c) of the Constitution of Pennsylva-
should such matters come within the scope of these rules, nia, the Court hereby establishes the Juvenile Court
no special procedures are required as new Rule 1503 will Procedural Rules Committee.
suffice.
REA BOYLAN THOMAS, The Committee shall be composed of nine members of
Chair the bench or bar of the Commonwealth. One of the
[Pa.B. Doc. No. 01-166. Filed for public inspection February 2, 2001, 9:00 a.m.] members shall be designated by the Court as Chair and
one as Vice-Chair of the Committee. Initial appointments
shall be for one, two or three-year terms and shall
commence on the 1st day of February, 2001. Thereafter
appointments shall be for three years and members shall
serve no more than two consecutive three-year terms.
Title 237—JUVENILE RULES [Pa.B. Doc. No. 01-168. Filed for public inspection February 2, 2001, 9:00 a.m.]
Appointments to the Juvenile Court Procedural
Rules Committee and Designation of Chair and
Vice-Chair; No. 265 Supreme Court Rules Doc.
No. 1
Title 252—ALLEGHENY
Order
Per Curiam:
COURT RULES
And Now, this 22nd day of January, 2001, the following ALLEGHENY COUNTY
are hereby appointed as members of the Juvenile Court Rules of the Court of Common Pleas; No. 4 of
Procedural Rules Committee:
2001 Rules Docket
For a term of one year, commencing February 1, 2001
The Honorable Robert J. Colville Order of Court
Allegheny County
And Now, to-wit, this 18 day of January, 2001, pursu-
John Patrick Delaney, Jr., Esquire ant to action of the Board of Judges, and effective thirty
Philadelphia days after publication in the Pennsylvania Bulletin, the
The Honorable Thomas J. Doerr following Allegheny County Rules of the Family Division
Butler County are hereby amended;
PENNSYLVANIA BULLETIN, VOL. 31, NO. 5, FEBRUARY 3, 2001
THE COURTS 631
Rule 1910.6 Service. Proof of Service. Rule 1910.7 No Pleading by Defendant Required. Ques-
Rule 1910.7 No Pleading by Defendant Required. Ques- tion of Jurisdiction or Venue or Statute of Limitations
tion of Jurisdiction or Venue or Statute of Limitations in Paternity.
in Paternity. (b)[ * ](1) If preliminary objections challenging venue or
Rule 1910.12 Office Conference. Hearing. Record. Excep- jurisdiction in a support matter are filed, the proceed-
tions. Order. ings shall be [ stayed and ] listed for argument in
Rule 1910.15 Paternity. conformity with Local Rule 1930(b). The filing of pre-
liminary objections shall not automatically stay the
Rule [ 1910.21-3 ] 1910.25-2 Civil Contempt: Office Con- support proceedings. A party or counsel may
ference. Agreement. Alternative Procedures Upon Fail- present a motion requesting a stay pending deci-
ure to Agree. sion on the preliminary objections.
Rule [ 1910.23-1 ] 1910.24 Judgement for Arrearages. Rule 1910.12 Office Conference. Hearing. Record. Excep-
Execution. tions. Order.
Rule 1915.1(a)1 Scope. (b)(1)[ * ](a) ***
Rule 1915.1(b) Definitions. (c)[ * ](3) ***
Rule 1915.3(c) Commencement of Action. Complaint/ (e)[ * ](1) ***
Waiver. Fees. Refunds.
Rule 1915.3(d) Confirmation of Custody. [ * ](h)(1) Any party filing exceptions shall serve them
upon all other parties and file the original and one
Rule 1915.3(e) Grandparents. Third Parties. [ a ] copy with the Exceptions Clerk [ in Room 616,
Rule 1915.4(a) Service. Rescheduling. City-County Building ] by the end of the next business
Rule 1915.4-3 Orientation. Mediation. Confidentiality. day following the filing of the exceptions with the Protho-
Mediator. Qualifications. Conciliation. Psychological notary.
Evaluation and Home Study. * * * * *
Rule 1915.14(a) Noncompliance. Contampt. Arrest.
[ * ](i) Exceptions shall be placed on the next available
Rule 1920.12 Complaint. Contents and Filing. ‘‘Support Argument List’’ occurring more than 13 days
Rule 1920.33 Joinder of Related Claims. Distribution of after the transcript of testimony and exceptant’s brief are
Property. Resolution of Claims for Equitable Distribu- filed with the Exceptions Clerk [ in Room 616, City-
tion of Marital Property and Alimony. County Building ]. The court shall serve notice on all
Rule 1920.42 Affidavit of Decree Under Section 3301(c) or parties of the date and place of the argument. If the
3301(d) of the Divorce Code. Obtaining Decrees. respondent files a brief, it shall be filed at least seven
calendar days prior to argument, with the [ Hearing
Rule 1920.46 Representation of Defendant in Military
Service. Officer’s Secretary ] Exceptions Clerk [ in Room
616, City-County Building ].
Rule 1920.51 Hearing by the Court. Appointment of
Master. Notice of Hearing. Contested and Uncontested [ * ](j) ***
Divorce Claims Under §§ 3301(a) and 3301(b) of the
Divorce Code. [ * ](k) ***
Rule 1920.55 Master’s Report. Notice. Exceptions. Final [ * ](l) ***
Decree.
Rule 1910.15. Paternity. Rescinded.
Rule 1920.62 Proceedings by Indigent Parties.
[ (b)*(1) Before terminating the conference, the
Rule 1920.71 Form of Notice. domestic relations counselor may obtain an order
Rule 1920.73 Date of Service. of court directing the parties to submit to blood
Rule 1930 Domestic Relations Matters Generally. testing. ]
By the Court Note: Procedure for obtaining genetic testing is
set forth in Pa.R,C,P, 1910.15.
ROBERT A. KELLY,
President Judge Rule [ 1910.21-3 ] 1910.25-2 Civil Contempt; Office
Revisions to the Local Rules of the Family Division Conference. Agreement. Alternative Procedures Upon
of the Court of Common Pleas of Allegheny County Failure to Agree.
The following are revisions to the local rules of the [ * ](e) In all cases of civil contempt for failure to comply
Family Division. Additions are underlined and deletions with an order of support, if no agreement is reached at
are [ bracketed ]. Existing rules which do not appear the domestic relations office conference, further pro-
here remain unchanged. ceedings shall be conducted pursuant to the alternative
hearing procedures of Pa.R.C.P. [ No. 1910.21-5 ]
Rule 1910.6 Service. Proof of Service. Rescinded. 1910.25-4
[ (a)(2)(I) Service shall be deemed complete when Rule [ 1910.23-1 ] 1910.24. Judgment for Arrearages.
the registered mail addressed to the defendant at Execution.
his or her current residence is returned unclaimed
and the ordinary mail addressed to the defendant (a)[ * ](1) Any party at any time may obtain [ from
at his or her current residence has not been re- Suite 200, Allegheny Building, 429 Forbes Avenue,
turned. ] Pittsburgh, PA 15219, ] a statement of arrears accord-
PENNSYLVANIA BULLETIN, VOL. 31, NO. 5, FEBRUARY 3, 2001
632 THE COURTS
ing to the records of [ the Collection and Disburse- shall immediately provide the moving party with an order
ment Division ] Family Division, as provided in the of court (‘‘Scheduling Order’’) setting forth the dates and
Family Division Court Manual. times when the adults and children shall attend [ Light-
houses, Sandcastles ] the education programs and
Rule 1915.1(a)1 Scope.
[ Generations ] Meditation[ / ]Orientation [ (the ‘‘Pro-
This rule shall be applicable to all actions for custody, grams’’) ], a Domestic Violence Waiver form, and pro-
partial custody and visitation whether filed as an inde-
gram descriptions. The Scheduling Order shall also
pendent cause of action or as a count in a related
specify the location for the adult and children’s educa-
proceeding.
tional programs[ , Lighthouse and Sandcastles ]. The
i. All individuals with standing to pursue an action for mediation orientation [ program, Generations, ] shall
custody, partial custody or visitation with children from always take place in the ‘‘Center’’. This Scheduling Order
birth to age 17 shall complete the custody education is then attached to the original complaint or petition for
program for adults [ (‘‘Lighthouse’’) ]. filing.
ii. All children ages 6 to [ 17 ] 15 who are in the care ii. Any custody matter in which there has been no
of a party[ (ies) ] or parties shall participate in an activity, as reflected by the docket, for 120 days
interactive group program for children shall be deemed a new action for purposes of this
[ (‘‘Sandcastles’’) ]. rule.
iii. Parties to an action to modify or enforce a
iii. Parties also shall participate [ fully ] in the media- final order of court for custody, partial custody or
tion orientation program [ (‘‘Generations’’) operated visitation, as well as parties to an action deemed to
by Family Division ]. Additionally, step-parents, step- be new, must complete the Generations program, if
children, grandparents and [ the like ] others closely they not already done so, before they will be per-
involved with the custody of the children may also mitted to praecipe for any proceeding before the
participate in [ Lighthouse or Sandcastles ] the edu- court .
cation programs, upon consent of all parties. iv. Notwithstanding the parties previous comple-
tion of the Generations program, all parties to
Rule 1915.1(b) Definitions.
actions referenced in iii. of this local rule shall be
i. ‘‘Generations’’ means the education programs for required to participate in another mediation orien-
adults and children, the [ orientation ] mediation tation, as provided by these rules, before they will
orientation program operated [ established ] by the be permitted to praecipe for any proceeding before
Allegheny County Family Division pursuant to 23 Pa.C.S. the court.
§ 3901-3904. [ This ] The ‘‘Generations Center’’ is lo- [ ii. ] v. ***
cated at Suite 400, 4th Floor, Allegheny Building, Pitts-
burgh, Pennsylvania, 15219, telephone (412) 350-4311, [ iii. ] vi. ***
and [ which ] serves as the Family Division Administra- [ iv. ] vii. No party shall be compelled to attend any
tive Office for the Generations Program. portion of these Programs with the opposing party, or to
ii. [ ‘‘Lighthouse’’ ] ‘‘Generations education’’ means [ attend Generations at all ] participate in the me-
the custody education program for adults pursuing claims diation orientation, in cases where either party, or a
for custody and the interactive education program child of either party, is or has been the subject of
for children ages 6 to 15. domestic violence or child abuse allegedly perpetrated
by the opposing party at any time within the past 24
iii. [ ‘‘Sandcastles’’ means the interactive educa- months. In such cases, appropriate arrangements for
tional program for children 6 to 17, run in conjunc- separate sessions for [ Lighthouses or Sandcastles ]
tion with the Lighthouses program for adults. ] the education programs should be made with the
‘‘Generations Mediation Orientation’’ means the Center. [ These arrangements must be made by
custody mediation program for adult pursuing calling Family Services. ] The Center shall also be
claims for custody. notified personally or by mail through the use of a
[ iv. ‘‘Family Services’’ means the organization [ supplied ] domestic violence waiver form that the
which provides the educational components for victim of abuse elects not to attend the mediation orienta-
Lighthouse and Sandcastles and is located at 921 tion session. The opposing party shall have the opportu-
Penn Avenue Plaza, 4th Floor, Pittsburgh, PA 15222, nity to contest cancellation of the mediation orientation
telephone (412) 261-3623 extension 48 or 32, which through Motions Court. If mediation does not occur, the
serves as the administrative office for Lighthouse case will be set down promptly for a custody/partial
and Sandcastles. ] custody conciliation before a Domestic Relations Officer.
Rule 1915.3(c) Commencement of Action.[ / ] Complaint/ [ v. ] viii. All other requests to waive attendance at
any portion of the Programs will require an order of court
Waiver.[ / ]Fees.[ / ]Refunds.
which may be sought through Motions Court.[ , but
i. Prior to the filing of any divorce complaint containing which ] Waivers will be granted only in exigent circum-
a count for custody or any complaint for custody, shared stances. The moving party shall be responsible for filing
custody, partial custody or visitation, or any other court any order entered in response to such request, and for
papers seeking to initiate or reinstate any proceeding to service upon the [ appropriate Programs ] the Gen-
compel, modify, terminate or otherwise affect[ , ] contact erations Center and the opposing party.
between children and parties, the moving party shall
deliver the original of the court paper initiating the [ vi. ] ix. All moving parties who are required to
custody action to the Generations Center. The Center participate in the [ Lighthouse, Sandcastles or Gen-
PENNSYLVANIA BULLETIN, VOL. 31, NO. 5, FEBRUARY 3, 2001
THE COURTS 633
erations ] education and mediation orientation 4. Respondent’s fees are refunded when Petitioner fails
[ Program ] shall pay all fees required for those Pro- to appear for education and /or mediation.
grams. Rule 1915.3(d) Confirmation of Custody
[ vii. ] x. The moving party shall pay all of his or her i. ***
fees for the [ Lighthouse, Sandcastles and Genera- ii. ***
tions ] education and mediation orientation pro- (a) A Complaint for Custody must be prepared properly
grams prior to receiving a Scheduling Order. in accordance with Pa.R.C.P. 1915.3 and 1915.15[ , and
[ viii. ] xi. *** a true and correct copy must be attached to the
Petition for Confirmation of Custody as an ex-
[ ix. ] xii. The fee for [ Lighthouse ] adult educa- hibit ]. All of the information required by Rule
tion is $40 for each party. The fee for [ Sandcastles ] 1915.15 must be provided. Additionally, a copy of
children’s education is $30 for each child. Each party the most recent custody order relating to the child
shall pay one-half of each child’s total fee. The fees for or children must be attached, if any exists.
[ Lighthouses and Sandcastles shall be payable to (b) All parties must be served in accordance with
Family Services of Western Pennsylvania by cash- Pa.R.C.P. 1930.4 with movant’s Complaint for Confirma-
iers’ check, money order or credit card, which may tion of Custody together with the exhibits. The com-
be provided by telephone. No cash or personal plaint is deemed filed when notice of its presenta-
checks will be accepted. The moving party may, but tion is given.
is not required, to use Visa to pay for Lighthouse
and/or Sandcastles. To do so, they shall call Family (c) ***
Services prior to obtaining a Scheduling Order to (d) ***
arrange for such payment and request that Family
(e) ***
Services notify the Generations Center of payment
by credit card. ] education shall be payable to the Rule 1915.3(e). Grandparents[ / ]. Third Parties.
Allegheny County Treasurer by certified check or i. ***
money order. No cash or personal checks will be
accepted. ii. The partial custody claims of grandparents or other
third party shall not be scheduled for [ Lighthouse/
[ x. ] xiii. The fee for [ Generations ] mediation
Generations ] education, mediation or for a
orientation shall be $100 for each party. The fee for
[ Generations ] mediation orientation shall be made conference/hearing without [ obtaining ] an Order from
a Family Division judge through regular or pro se
payable to the Allegheny County Treasurer [ named in motions.
the Scheduling Order ] by cashiers’ check or money
* * * * *
order[ , delivered to the Center ]. No cash or personal
checks will be accepted. Rule 1915.4(a) Service[ / ]. Rescheduling.
[ xi. ] xiv. Under exigent circumstances, the court will i. ***
consider waiver, [ or ] reduction or assessment of fees ii. ***
to the other party for those unable to pay. Any such
request must be presented through Motions Court and iii. ***
must be accompanied by a verified affidavit of indigence iv. ***
or other proof of economic hardship in accordance with
Pa.R.C.P. 240 and 1920.62. v. Any party [ desiring ] seeking to reschedule
[ Lighthouse or Sandcastles ] the education ses-
* * * * *
sions must [ shall ] contact [ Family Services’ office
[ xii. ] xv. *** at (412) 261-3623 ext. 48 or 32 ] the Center at
412-350-4311 to determine [ several ] available dates
[ xiii. ] xvi. In accordance with the Generations Pro-
gram Description and Instruction Package, which are [ and times ].
available at the Generations Center, fees for the vi. ***
education/mediation program are non-refundable with the
following exceptions: Rule 1915.4-3 Orientation. [ — ] Mediation [ / ] .
Confidentiality [ / ] . Mediator. Qualifications [ / ] .
1. The parties are excused from participation in
mediation orientation because a Domestic Violence Conciliation[ / ]. Psychological Evaluation and Home
Waiver[ s ] has been filed by either or both parties. Study.
i. Mediators shall have a college degree and either an
2. A signed [ Signed ] Custody Consent Order of advanced degree or equivalent experience. Additionally,
Court [ with seven days notice ] is filed and served all mediators without exception shall take a basic 40 hour
on the Generations Center seven days before the domestic mediation training seminar conducted by train-
scheduled education program or the scheduled me- ers who have been approved by the American Academy of
diation orientation. Family Mediators and a basic domestic violence training
seminar which has been approved by the American
3. Petitioner[ ’s withdrawal of pleadings with Academy of Family Mediators. All mediators shall carry
seven days notice ] withdraws the pleadings seven liability insurance. Mediators shall adhere to the stan-
days prior to the scheduled education or mediation dards of practice adopted by the American Academy of
orientation. Family Mediators and the American Bar Association.
PENNSYLVANIA BULLETIN, VOL. 31, NO. 5, FEBRUARY 3, 2001
634 THE COURTS
a) *** [ (C) ] (3) If the divorce proceeding includes a claim for
b) *** support, alimony pendente lite or counsel fees, any party
seeking a conference/hearing on said claim shall file a
ii. *** praecipe [ in Room 603 of the City-County Building ]
iii. *** at the screening window in Family Division request-
ing that a conference/hearing date be scheduled and
iv. ***
further stating that there is not existing order of support
v. *** and/or alimony pendente lite providing for the support of
vi. *** a spouse. The party seeking the conference/hearing shall
provide a copy of the pleading raising the claim for
vii. *** support, alimony pendente lite or counsel fees and the
viii. *** Family Division Support/Alimony Pendente Lite/Alimony
Information Sheet to the clerk [ in Room 603 ] at the
ix. Custody cases which are not resolved by the DROs screening window at the time the praecipe for
may be referred by the DRO for psychological evaluations conference/hearing is filed.
[ and home study ]. After the evaluation[ s are ] is
completed, the parties may praecipe for conciliation be- * * * * *
fore a judge. Rule 1920.33 Joinder of Related Claims[ ; ]. Distribution
x. *** of Property. Resolution of Claims for Equitable
Distribution of Marital Property and Alimony.
xi. Parties who have never been through the [ Light-
[ Local Rules for the Resolution of Claims for Equi-
house and Generations ] Programs and wish to proceed table Distribution of Marital Property and Ali-
directly to a conciliation must obtain an order permitting mony ]
them to do so from the judge in either regular or pro se
motions. [ *I. ] (a) Scheduling conciliations for Contested Claims
xii. *** Raised Under §§
xiii. *** [ (A) ] (1) ***
xiv. *** [ (B) ] (2) ***
Rule 1915.14(a) Noncompliance[ / ]. Contempt[ / ]. Arrest. [ (C) ] (3) ***
i. If the moving party fails to pay fees as specified, fails [ (D) ] (4) ***
to appear for [ Lighthouse or Generations ] educa- [ (E) ] (5) ***
tion and/or mediation orientation or fails to insure
that any child within their physical custody appears for [ *II. ] (b) Action to be Taken Where A Party Fails to
[ Sandcastles ] education, the custody action shall be Comply With Rules 1920.31(a) or 1920.33(a)
dismissed without prejudice, and any fees paid by [ (A) ] (1) ***
[ such ] the moving party shall be forfeited. [ (1) ] (i) ***
ii. [ Should ] If the non-moving party fail to pay fees [ (a) ] a. ***
as specified, fail to appear for [ Lighthouse or Genera-
tions ] education and/or mediation orientation or [ (2) ] (ii) The praecipe shall be filed in [ Room 621 of
fail to insure that any child within their physical custody the City-County Building ] the Administrative Of-
appears for [ Sandcastles ] education, an immediate fice of Family Division.
rule to show cause why [ such ] the non-moving party [ *III. ] (c) Scheduling Hearings for Uncontested
should be not held in contempt shall issue from this Claims Raised Under Sections 3501 and 3701 of the
court. Such rule will be returnable on a date certain Divorce Code
within 14 days.
[ (A) ] (1) ***
* * * * *
[ (B) ] (2) A hearing is scheduled by filing a praecipe
Rule 1920.12 Complaint. Contents and Filing. with the Family Division Docket Clerk [ in Room 611 of
[ Local Rules Governing Contents and Filing of the the City-County Building ]. ***
Complaint. ] [ (C) ] (3) ***
[ *I. ] (a) The Complaint [ (D) ] (4) ***
[ (A) ] (1) *** [ (E) ] (5) ***
[ (B) ] (2) *** [ (F) ] (6) ***
[ (C) ] (3) *** These sheets may be obtained from Rule 1920.42. Affidavit and Decree Under Section 3301( c)
[ Room 621 of the City-County Building ] the Intake or 3301 (d) of the Divorce Code. Obtaining Decrees.
Office or the Screening Window in Family Division. [ Local Rule for Obtaining Decrees for Divorce
Claims Under Section 3301( c) or 3301(d) of the
[ *II. ] (b) Filing the Complaint Divorce Code ]
[ (A) ] (1) *** (a) [ *3(A) ] If a complaint.
[ (B) ] (2) *** * * * * *
PENNSYLVANIA BULLETIN, VOL. 31, NO. 5, FEBRUARY 3, 2001
THE COURTS 635
(b) *** (3) ***
(c) [ *(3) ] In all cases the moving. (4) ***
* * * * * (5) ***
(d) *** (6) ***
Rule 1920.46. Representation of Defendant in Military (7) ***
Service. (8) ***
[ * ](c) *** (9) *** Also the exceptant shall provide a copy of the
Rule 1920.51. Hearing by the Court. Appointment of exceptions to the Docket Clerk [ docket clerk in
Master. Notice of Hearing. Contested and Uncon- Room 611 of the City-County Building ] in order to
tested Divorce Claims Under §§ 3301(a) and obtain an argument date.
3301(b) of the Divorce Code
Rule 1920.55. Master’s Report. Notice. Exceptions. Final
[ Local Rule Regarding Contested and Uncontested Decree.
Divorce Claims Under Sections 3301(a) and [ Local Rule Governing Exceptions ]
3301(b) of the Divorce Code ]
(c) [ *1. ] (1) ***
[ * ](f) (1) All contested actions for divorce or annul-
ment shall be first conciliated by the court. A conciliation [ *2. ] (2) ***
date may be obtained from the Family Division Docket Rule 1920.62. Proceedings by Indigent Parties.
Clerk [ in Room 611 of the City-County Build-
ing ]. *** [ *1. ] (a) ***
(2) *** [ *2. ] (b) ***
(3) *** [ *3. ] (c) ***
(4) *** [ *4. ] (d) ***
(5) *** Rule 1920.71 Form of Notice. Rescinded.
(6) *** The exceptant shall, on the date of filing of the
Note: The form of Notice of Intention to Request
exceptions, give a copy of the exceptions to the Docket
Decree is prescribed in Pa.R.C.P. 1920.73(a).
Clerk [ in Room 611 of the City-County Building ] in
order to obtain an argument date. Rule 1920.73. Date of Service. Rescinded.
(7) *** Note: Pa.R.C.P. 1920.73(b) prescribes the form of
the Praecipe to Transmit Record, which includes
(8) *** the affidavit of service of the Notice of Intention to
[ * ](g). Uncontested Actions Under §§ 3301(a) and (b) Request Decree formerly required by this local
of the Code. rule.
(1) *** Rule 1930 Domestic Relations Matters Generally.
(2) The praecipe of hearing shall be in the following [ * ] (a) Family Division Motions
form:
[ 1. ] (1) Family Division motions may be presented to
Praecipe of Hearing Date the motions judge at 1:30 p.m. on each court day, unless
(Caption) notice that motions will not be heard, or that
motions will be heard at a different time, is pub-
1. Kindly list the above captioned action for hearing. lished in the Pittsburgh Legal Journal.
2. Defendant was served under Rule 1930.4 [ 412 or [ 2. ] (2) ***
403 ]. Serve notice of hearing upon Defendant by ordi-
nary mail addressed as follows: (address) [ 3. ] (3) ***
or [ 4. ] (4) ***
2. Defendant was served under Rule 430. Service no- [ 5. ] (5) Any motion which involves support payments
tice of hearing upon Defendant by registered mail at that are assigned to the Pennsylvania Department of
defendant’s last known address: (address)
Public Welfare or in which the plaintiff is not repre-
with a copy by ordinary mail to each of the following: sented by private counsel shall [ include Notice of
(list names and addresses of persons named in the Presentation to counsel for the Department of Pub-
investigation affidavit under Rule 430 as likely to know lic Welfare, 1403 State Office Bldg., 300 Liberty Ave.,
the present whereabouts of the defendant). Pittsburgh, PA 15222 ] be served on the IV-D Attor-
ney, Fort Pitt Commons Building, Third Floor, 445
or
Fort Pitt Boulevard, Pittsburgh, PA 15219 as well as
2. An appearance has been entered for Defendant. on the plaintiff.
Serve notice of hearing upon Defendant’s attorney of
record. [ 6. ] (6) Any motion which involves [ a matter under
RURESA ] support payments or any other matter
____________________________
which is governed by the Uniform Interstate Fam-
Attorney for Plaintiff ily Support Act (UIFSA) or the Intrastate Family
Support Act (IFSA) and in which the plaintiff is not
PENNSYLVANIA BULLETIN, VOL. 31, NO. 5, FEBRUARY 3, 2001
636 THE COURTS
represented by private counsel shall be served [ in- [ * ] (d) Continuances . Rescinded.
clude Notice of Presentation ] on the IV-D Attorney, [ Effective April 29, 1991, in accordance with the
Fort Pitt Commons Building, Third Floor, 445 Fort Prothonotary Fee Bill, no Order of Court continu-
Pitt Boulevard, Pittsburgh, PA 15219 as well as on
ing a conference hearing in the Adult Section of the
the plaintiff.
Family Division, at the request of an attorney or
[ * ] (b) Procedure for Preliminary Objections and party, will be accepted by the Prothonotary for
Motions for Judgment on the Pleadings or Summary docketing and filing without payment of the re-
Judgment quired $15 fee. ]
[ 1. Preliminary Objections ] (1) Preliminary Objec- [ 1. Continuances of Conciliation, Arguments or
tions shall be scheduled on the next available Friday Hearings before a Judge, Hearing Officer or Domes-
Support Exception Argument List occurring more than 13 tic Relations Officer. ]
days after the Preliminary Objections are filed with the
Prothonotary and the [ Hearing Officer’s secretary in [ No conciliation, argument or hearing before a
Room 616, City-County Building ] Exceptions Clerk. judge, hearing officer or domestic relations officer
Objector shall serve notice on all parties of the time and will be continued without an order of court. Notice
place of argument. No preliminary objections shall be of presentation of the request must be given to the
opposing party, including an opposing party who is
accepted for filing by the [ Hearing Officer’s secre- not represented by counsel in conformity with
tary ] Exceptions Clerk unless accompanied by a brief. Local Rule 1930*(a). ]
Failure to file a brief with the Preliminary Objections
shall be cause for dismissal of the Preliminary Objections. [ A scheduled DRO conference or hearing before
If Respondent files a brief it shall be filed with the a Hearing Officer may be ‘‘continued generally’’ by
[ Hearing Officer’s Secretary ] Exceptions Clerk at order of court or a stipulation signed by both
least seven days prior to argument. Except as provided parties or their counsel (Court Manual, Form 14).
by Local Rule 1910.7, [ The ] the scheduling of Pre- Any matter which is continued generally will not
liminary Objections shall stay all proceedings. be relisted without a court order signed by the
motions judge. ]
Note: Local Rule 1910.7 relates to support pro-
ceedings. Divorce and custody proceedings are [ A copy of any court order or stipulation con-
stayed upon scheduling of preliminary objections. tinuing a Family Division matter must be immedi-
ately given to the Family Division Docket Clerk in
[ 2. Motions for Judgment on the Pleading or Room 611, City-County Building to prevent dis-
Summary Judgment ] (2) Motions for Judgment on the missal of the scheduled action. ]
Pleading on the Pleading....
[ Whenever a new date is obtained through a
[ * ] (c) Scheduling Conciliations: Matters that are tried court order, counsel for the party obtaining the
by a judge will not be listed for trial until they have been court order is responsible for notifying all parties
conciliated by a judge. of the time and date of the rescheduled conference
The following matters may be scheduled for a concilia- or hearing. In a RURESA case, the County Solici-
tion by filing a praecipe with the Docket Clerk [ docket tor’s Office must be given notice at Fort Pitt Com-
clerk in Room 611 of the City-County Building ]: mons, 3rd Floor, 445 Fort Pitt Blvd., Pittsburgh, PA
conciliation on § 3301(d) divorce claims; custody claims 15219. ]
with order of court attached, see Pa.R.C.P. 1915(a) and [ A party unrepresented by counsel may obtain a
(c); partition and equity claims and equitable distribution continuance of a DRO conference and hearing be-
and alimony claims (provided that both parties have filed fore a Hearing Officer in the manner outlined
an inventory, appraisement, income and expense state-
above. ]
ment and that either (a) the parties are divorced, (b) both
parties have filed an affidavit under [ Section ] [ In addition, an unrepresented party seeking to
§ 3301(c) of the Divorce Code or (c) both parties agree continue or reschedule a DRO conference or hear-
that they have lived separate and apart for at least two ing before a Hearing Officer may report to Room
years and that the marriage is irretrievably broken). 603 of the City-County Building to meet with a
[ Form 1930*C1 is to accompany the praecipe for screening DRO. The unrepresented party shall
equitable distribution conciliation. In all cases present information explaining why the conference
where a party requests a conciliation on a claim for or hearing should be continued. IN the event that
custody the party or counsel must sign a certifica- the screening DRO determines that a continuance
tion that a genuine issue involving physical custody is necessary, the DRO will obtain a court order
for more than 50 percent of the time is involved. continuing and /or rescheduling the conference or
(Form 1930*C2) All parties involved in custody hearing. ONLY NON-WELFARE CASES CAN BE
proceedings are directed by the court to view a film CONTINUED AS EXPLAINED ABOVE. Any request
on custody prior to the first scheduled conference by an unrepresented party must be made at least
or hearing ]. five days prior to the date set for the hearing so
that the other side may receive sufficient notice of
Note: A detailed description of the procedures, as the continuance. ]
well as the necessary forms, can be found in the
Family Division Court Manual, see (g) of this Rule. Note: Procedure of obtaining a continuance in
Family Division matters is set forth in detail in the
For other matters, a party may present a petition to Family Division Court Manual.
the motions judge which contains the factual background,
the relief sought, and a request for conciliation. [ * ] (e) ***
PENNSYLVANIA BULLETIN, VOL. 31, NO. 5, FEBRUARY 3, 2001
THE COURTS 637
[ * ] (f) [ Use of ] Case Numbers [ in the Adult hard copy documents and may not be filed with the
Section of the Family Division ]. Suffixes. Prothonotary by means of electronic filing:
(1) All pleadings filed with the Adult Section of the (1) Legal papers relating to Protection From
Family Division shall be filed under the originally as- Abuse matters which must be processed with the
signed case number for the involved family. After an PFA Office in Family Division before they can be
original case number has been assigned to all pleadings, filed.
regardless of the caption or nature of the case, all (2) Legal papers relating to custody, partial cus-
pleadings shall be filed under the originally assigned tody or visitation matters which must be processed
number. The caption shall reflect the appropriate party through the Generations Office before they can be
initiating each original action as the plaintiff [ , regard- filed.
less of the previous filings each caption shall re- (3) Legal papers relating to spousal or child
main the same during the pendency of each ac- support which must be processed through Family
tion ]. Division before they can be filed.
(2) If counsel or a party believes that there may be a (4) Legal papers relating to divorce which contain
previously assigned case number, but the number is not or address counts or counterclaims for support,
known, the information may be obtained from the Protho- alimony pendente lite, alimony or custody, partial
notary’s Office [ in the City-County Building ]. custody and visitation, which must be processed
through the offices to which reference is made in
(3) In addition to the docket number assigned to (1), (2) or (3) of this subsection.
all matters involving the family, the Prothonotary
shall assign a three digit suffix designating the Note: Divorce pleadings which do not include or
judge to whom the case is assigned. All pleadings address any of the counts enumerated above may
must include the suffix as well as the docket num- be filed electronically, including but not limited to,
ber. § 3301(c) or § 3301(d) affidavits of consent,
§ 3301(c) or § 3301(d) counter-affidavits, waiver of
(4) All motions, exceptions, conciliations, hear-
notice of intention to request entry of a decree,
ings and other matters shall be listed only before
notice of intention to request a divorce decree, and
the judge to whom the case is assigned, absent a
praecipe to transmit the record.
compelling emergency or the long term unavailabil-
ity of the designated judge. (5) Any and all legal papers which must be pre-
(5) Cases in which the initial pleading was filed sented to a Family Division judge in motions before
before May 1, 1997, may be amended to add the filing with the Prothonotary.
suffix of the judge most familiar with the case. (c) The filing party shall maintain the original
(6) In the event that a defendant in a support hard copy of any legal paper that is electronically
matter has more than one case, the captions of all filed.
of the cases shall be amended to assign them to the (d) The Prothonotary shall provide electronic
judge assigned to the case filed first in time. If access at all times. The time and date of the filing
there is not judge assigned to the case filed first in and receipt shall be that registered by the Protho-
time, the cases will be assigned to the next judge in notary’s computer system.
the rotation for assigning suffixes.
(e) The web site address of the Prothonotary is as
[ * ] (g) Family Division Court Manual follows: Prothonotary.County.Allegheny.PA.US.
Except as otherwise provided by the Pennsylvania (f) Access to the web site shall be available to an
Rules of Civil Procedures (Pa.R.C.P.) or by [ general ] attorney by use of the attorney’s Supreme Court
local rule adopted by the Court of Common Pleas of identification number issued by the Court Adminis-
Allegheny County (Local Rules), practice in the Adult trator of Pennsylvania. Access is also available to
Section of the Family Division shall be governed by the any user by the user selecting any numbers or
Court Manual for the Adult Section of Family Division of letters that the user wishes to use as an identifica-
the Court of Common Pleas of Allegheny County. Current tion number.
copies of the Court Manual shall be available at the office (g) The Prothonotary shall maintain an electronic
of the Administrator, Adult Section of Family Division. and a hard copy file for the legal papers described
Local Rule 1930.1 Electronic Filing in Family Divi- in the first sentence of section (a).
sion Matters (h) Procedures for payment of the fees and costs
(a) Except as otherwise provided by subsection of the Prothonotary shall be set forth on the Pro-
(b) of this rule, parties may file legal papers, includ- thonotary’s web site.
ing original process, with the Prothonotary by (i) The Prothonotary shall provide a filing status
means of electronic filing in any Family Division message to the filing party setting forth the date of
matter or proceeding brought in this court. In and time of acceptance of the filing or the fact that
general, any legal paper which can be filed in hard the filing has not been accepted. A legal paper is
copy directly with the Prothonotary, and without not considered filed if the Prothonotary responds
first processing through Family Division, may be to the filing by notifying the filing party that the
filed electronically. filing party has not (I) maintained sufficient funds
Note: A ‘‘legal paper’’ as used in this rule means a to pay the fees and costs described in subsection
pleading or other paper filed in any Family Divi- (h), or (ii) authorized payment by credit or debit
sion action. card of these fees and costs.
(b) The following legal papers, must be filed in Note: A filing party accepts the risk that a docu-
accordance with established procedure for filing ment filed by means of electronic filing may not be
PENNSYLVANIA BULLETIN, VOL. 31, NO. 5, FEBRUARY 3, 2001
638 THE COURTS
properly or timely filed with the Prothonotary. See 6. Keep continuously available for public inspection
Pa.R.C.P. 205.4(e)(2). One of the risks is that the copies of the Order in the Prothonotary’s Office.
Prothonotary—either correctly or incorrectly-
By the Court
determines that the filing party has not met its
obligation for payment of the necessary fees and JOHN P. LAVELLE,
costs. President Judge
Rule L1308. Compensation and Appeal.
(j) This rule shall be rescinded on December 31,
2001 unless Pa.R.C.P. 205.4(h) is modified or re- (1) Each member of the board of arbitrators who has
scinded. signed the award shall receive as compensation for
services a fee of $125.00 for all cases involving (3) hours
Note: Pa.R.C.P. 205.4(h) provides that this rule or less, plus $25.00 for each hour over three (3) hours
shall be rescinded on December 31, 2001. hearing time. (Awards in companion cases heard together
[Pa.B. Doc. No. 01-169. Filed for public inspection February 2, 2001, 9:00 a.m.] count as one award for purposes of this Rule). In cases
requiring hearings of unusual duration or involving ques-
tions of unusual complexity, the Court on petition of the
members of the board and for cause shown, may allow
additional compensation. In cases where an award is to
be entered by the arbitrators pursuant to an agreement of
Title 255—LOCAL COURT settlement before the hearing, each member of the board
shall receive as compensation $75.00.
RULES (2) Appellant’s counsel shall provide a copy of the
Notice of Appeal from the Award of the Board of Arbitra-
CARBON COUNTY tors to the Court Calendar Officer. An appeal duly taken
from the Award of the Board of Arbitrators shall be
Amendment of Local Rules L1308 (1) Relating to automatically placed on the next available Pre-Trial List
Compensation and Appeal; No. 01-0180 by the Court Calendar Officer, upon receipt of the copy of
the Notice of Appeal.
Administrative Order No. 11-2001 (3) Within ten (10) days of the filing of such appeal, a
pre-trial memorandum shall be lodged by the Appellant,
And Now, this 22nd day of January, 2001, it is hereby and Appellant shall deliver a copy to opposing counsel
Ordered, Adjudged, and Decreed effective thirty (30) days immediately thereafter. Within twenty (20) days after
after publication in the Pennsylvania Bulletin, that the receipt of such copy of the pre-trial memorandum, oppos-
Carbon County Court of Common Pleas hereby Amends ing counsel shall lodge with the Prothonotary a pre-trial
the Local Rule of Civil Procedure L1308(1) to apply memorandum and deliver a copy to Appellant.
arbitration hearings, which are initially scheduled on or [Pa.B. Doc. No. 01-170. Filed for public inspection February 2, 2001, 9:00 a.m.]
after March 1, 2001, as follows:
(1) Each member of the board of arbitrators who has
signed the award shall receive as compensation for
services a fee of $125.00 for all cases involving three (3)
hours or less, plus $25.00 for each hour over three (3) CARBON COUNTY
hours hearing time. (Awards in companion cases heard
together count as one award for purposes of this Rule). In Data Processing Fees; No. 01-0062
cases requiring hearings of unusual duration or involving
questions of unusual complexity, the Court on petition of Administrative Order No. 7-2001
the members of the board and for cause shown, may allow
additional compensation. In cases where an award is to And Now, this 15th day of January, 2001, it is hereby
be entered by the arbitrators pursuant to an agreement of Ordered, Adjudged, and Decreed that the data process-
settlement before the hearing, each member of the board ing fee for all judgments and initial pleadings filed by any
shall receive as compensation $75.00. party in the Prothonotary’s Office, on or after March 1,
The Carbon County District Court Administrator is 2001, shall be increased to $15.00. In addition, all
Ordered and Directed to do the following: petitions, motions, and applications for continuance filed
in the Prothonotary’s Office after the initial pleadings
1. File seven (7) certified copies of this Administrative shall be charged a data processing fee of $7.50. The funds
Order with the Administrative Office of Pennsylvania generated by these data processing fees shall be collected
Courts. by the Prothonotary and remitted monthly to the County
of Carbon, and shall be used for, but not limited to, the
2. File two (2) certified copies and one (1) diskette with development, training, implementation and maintenance
the Legislative Reference Bureau for publication in the of an integrated case management, document manage-
Pennsylvania Bulletin. ment and electronic filing system for the Court of Com-
mon Pleas of Carbon County.
3. File one (1) certified copy with the Civil Procedural
Rules Committee. This Administrative Order is promulgated in accord-
ance with Pa.R.C.P. No. 205.4, and in accordance with the
4. Forward one (1) copy for publication in the Carbon October 27, 1997 Order of the Supreme Court of Pennsyl-
County Law Journal. vania Eastern District, No. 178, Judicial Administration
Docket No. 2, and shall become effective March 1, 2001.
5. Forward one (1) copy to the Carbon County Law The original shall be filed with the Prothonotary and
Library. copies shall be submitted to the Administrative Office of
PENNSYLVANIA BULLETIN, VOL. 31, NO. 5, FEBRUARY 3, 2001
THE COURTS 639
Pennsylvania Courts, the Legislative Reference Bureau 3. File one (1) certified copy with the Orphans’ Court
and the Pennsylvania Civil Rules Committee. Procedural Rules Committee.
The Carbon County District Court Administrator is 4. Forward one (1) copy for publication in the Carbon
Ordered and Directed to do the following: County Law Journal.
1. File seven (7) certified copies of this Administrative
Order with the Administrative Office of Pennsylvania 5. Forward one (1) copy to the Carbon County Law
Courts. Library.
2. File two (2) certified copies and one (1) diskette with 6. Keep continuously available for public inspection
the Legislative Reference Bureau for publication in the copies of the Order in the Orphans’ Court Office.
Pennsylvania Bulletin.
By the Court
3. File one (1) certified copy with the Civil Procedural JOHN P. LAVELLE,
Rules Committee. President Judge
4. Forward one (1) copy for publication in the Carbon [Pa.B. Doc. No. 01-172. Filed for public inspection February 2, 2001, 9:00 a.m.]
County Law Journal.
5. Forward one (1) copy to the Carbon County Law
Library.
6. Keep continuously available for public inspection
copies of the Order in the Prothonotary’s Office. CARBON COUNTY
By the Court Data Processing Fees; No. 006MI00
JOHN P. LAVELLE,
President Judge Administrative Order No. 9-2001
[Pa.B. Doc. No. 01-171. Filed for public inspection February 2, 2001, 9:00 a.m.]
And Now, this 15th day of January, 2001, it is hereby
Ordered, Adjudged, And Decreed that the data process-
ing fee for all new criminal cases and initial pleadings
filed by a party in the Clerk of Courts’ Office on or after
CARBON COUNTY March 1, 2001, shall be increased to $15.00. In addition,
all petitions, motions, and applications for continuance
Data Processing Fees; No. 01-9013 filed in the Clerk of Courts’ Office shall be charged a data
processing fee of $7.50. The funds generated by these
Administrative Order No. 8-2001 data processing fees shall be collected by the Carbon
County Collection Bureau and remitted monthly to the
And Now, this 15th day of January, 2001, it is hereby County of Carbon, and shall be used for, but not limited
Ordered, Adjudged, and Decreed that the data process- to, the development, training, implementation and main-
ing fee on all initial pleadings filed by a party in the tenance of an integrated case management, document
Orphans’ Court Office on or after March 1, 2001, shall be management and electronic filing system for the Court of
increased to $15.00. In addition, all petitions which are Common Pleas of Carbon County.
not initial pleadings, motions, applications for continu-
This Administrative Order is promulgated in accord-
ance and applications for marriage license filed in the
ance with Pa.R.C.P. No. 205.4, and in accordance with the
Orphans’ Court Office shall be charged a data processing
October 27, 1997 Order of the Supreme Court of Pennsyl-
fee of $7.50. The funds generated by these data process-
vania Eastern District, No.178, Judicial Administration
ing fees shall be collected by the Orphans’ Court and
Docket No.2, and shall become effective March 1, 2001.
remitted monthly to the County of Carbon, and shall be
The original shall be filed with the Clerk of Courts’ Office
used for, but not limited to, the development, training,
in a docket and copies shall be submitted to the Adminis-
implementation and maintenance of an integrated case
trative Office of Pennsylvania Courts, the Legislative
management, document management and electronic filing
Reference Bureau and the Pennsylvania Criminal Rules
system for the Court of Common Pleas of Carbon County.
Committee.
This Administrative Order is promulgated in accord-
ance with Pa.R.C.P. No. 205.4, and in accordance with the The Carbon County District Court Administrator is
October 27, 1997 Order of the Supreme Court of Pennsyl- Ordered and Directed to do the following:
vania Eastern District, No. 178, Judicial Administration
1. File seven (7) certified copies of this Administrative
Docket No. 2, and shall become effective March 1, 2001.
Order with the Administrative Office of Pennsylvania
The original shall be filed with the Orphans’ Court Office
Courts.
and copies shall be submitted to the Administrative Office
of Pennsylvania Courts, the Legislative Reference Bureau 2. File two (2) certified copies and one (1) diskette with
and the Pennsylvania Orphans’ Court Rules Committee. the Legislative Reference Bureau for publication in the
The Carbon County District Court Administrator is Pennsylvania Bulletin.
Ordered and Directed to do the following:
3. File one (1) certified copy with the Criminal Proce-
1. File seven (7) certified copies of this Administrative dural Rules Committee.
Order with the Administrative Office of Pennsylvania
Courts. 4. Forward one (1) copy for publication in the Carbon
County Law Journal.
2. File two (2) certified copies and one (1) diskette with
the Legislative Reference Bureau for publication in the 5. Forward one (1) copy to the Carbon County Law
Pennsylvania Bulletin. Library.
PENNSYLVANIA BULLETIN, VOL. 31, NO. 5, FEBRUARY 3, 2001
640 THE COURTS
6. Keep continuously available for public inspection Copies
copies of the Order in the Clerk of Courts’ Office. Photostatic Copies .50
By the Court Certified Copies 8.00
JOHN P. LAVELLE,
President Judge Filing Fees
Appeal to Appellate Court 49.00*
[Pa.B. Doc. No. 01-173. Filed for public inspection February 2, 2001, 9:00 a.m.]
(Superior Court fee to accompany appeal $55.00)
Constable’s Bond 15.00*
Tax Collector’s Bond 15.00*
Road Cases 15.00*
Supervisor Resolution 15.00*
YORK COUNTY Miscellaneous Action Papers 15.00*
Fee Schedule Approval under HB 1635 Session of Private Detective
1999 Act 36—2000; No. 19 Miscellaneous Action Petition for License 50.00*
2001 License (Individual) 200.00
License (Partnership, Corporate, 300.00
Association)
Administrative Order
Renewal Application 15.00*
And Now, To Wit this 9th day of January 2001,
pursuant the provisions of 42 P. S. § 1725.4, the fee bill of Miscellaneous Fees
the Clerk of Court of York County, Pennsylvania, is Bail Pieces 10.00
amended to reflect the following Fee Schedule. Addition- Record Checks 5.00*
ally, an automation fee as indicated on the proposed fee * An additional $5.00 Automation Fee will be collected as
bill within Petition shall be added. The automation fee per Act 36 of 2000.
imposed by the Clerk of Courts of York County, Pennsyl- [Pa.B. Doc. No. 01-174. Filed for public inspection February 2, 2001, 9:00 a.m.]
vania, shall be used solely for the purpose of automation
and continued automation update of the Office of the
Clerk of Courts. The fee bill shall be effective the first
day March 1, 2001, upon due advertisement as required
by the Administrative Rules of Court.
It Is Further Ordered that in accordance with
DISCIPLINARY BOARD OF
Pa.R.Civ.P. 239, the District Court shall: THE SUPREME COURT
(a) File seven (7) copies hereof with the Administrative
Office of Pennsylvania Courts; Notice of Suspension
(b) Distribute two (2) certified copies hereof to the Notice is hereby given that Gary Scott Silverman,
Legislative Reference Bureau for publication in the Penn- having been suspended from the practice of law in the
sylvania Bulletin; State of Maryland for a period of 30 days, the Supreme
(c) Cause a copy hereof to be published in the York Court of Pennsylvania issued an Order dated January 22,
Legal Record once a week for two (2) successive weeks at 2001 suspending Gary Scott Silverman from the practice
the expense of the County of York; of law in this Commonwealth, for period of 30 days,
effective February 21, 2001. In accordance with Rule
(d) Supervise the distribution thereof to all Judges and 217(f), Pa.R.D.E., since this formerly admitted attorney
members of the Bar of this Court. resides outside the Commonwealth of Pennsylvania, this
By The Court notice is published in the Pennsylvania Bulletin.
JOHN H. CHRONISTER, ELAINE M. BIXLER,
President Judge Executive Director and Secretary
The Disciplinary Board of the
2001 Fee Schedule Supreme Court of Pennsylvania
[Pa.B. Doc. No. 01-175. Filed for public inspection February 2, 2001, 9:00 a.m.]
Clerk Fees
Jury Trial $164.00*
Non-Jury Trial or Guilty Plea 123.00*
ICC Hearing 123.00
Summary Hearing 24.00
PENNSYLVANIA BULLETIN, VOL. 31, NO. 5, FEBRUARY 3, 2001